Sale of fake trademark merchandise sin | csyoung.com

Help edit Baike card

sale of forgery trademark goods means the crime of knowingly selling counterfeit trademark merchandise, the sales value of extra than 50,000 yuan action.

directory

Elements Elements of a controversial basis for finding that the crime] as a general principal, that can be whichever units and individuals;

related comics

2) violation of object for others to legally registered trademark rights and national mark management mandate; 3] have to be a subjective intent, that is known to be counterfeit trademark goods and sales. If the convict did not know, do not constitute the crime; 4) must have one objective delivery of counterfeit trademark goods, the amount and delivery of the larger doings. Distribution including wholesale, retail, assignment and other fashions. For the implementation of the suspects sold fake registered trademarks of knowing whether the identification, the circumstance ought be based on objective truths that tin prove it knows or ought understand is selling counterfeit goods, which can be identified as knowing. Based on 1. ????? fourteen knowingly selling counterfeit trademark goods, the larger the amount of sales amount, term of three annuals relevant

comic

served in prison or a anchor, or tax a nice gold; a huge amount of sales amount, three to seven years imprisonment and a nice. 2. Judicial interpretation (2004): knowingly selling counterfeit trademark goods, the sales amount of more than 50,000 yuan, is ????? fourteen provides that goods sentenced to three years imprisonment or hook service, or impose a fine. Sales amount of twenty-five million or more, are ????? fourteen required Identified sale of counterfeit trademark goods and sales of fake or inferior products crimes There are three main differences: 1, from the object of analysis, the sale of counterfeit trademark goods is a crime against the object of the trademark landlord of the trademark rights and legitimate interests of consumers -related comics

benefits, which trademark infringement is a important appearance. The sale of fake alternatively lesser products against the object of citizen product quality supervision and treatment system and the consumers? legitimate rights and interests, which violate the lawful rights of consumers namely the main aspect. 2, from the objective ingredients namely the sale of counterfeit trademark goods objective aspect of crime in the performance of knowingly selling counterfeit trademark goods, the sales amount or the behavior of a cloud of of unlawful acquisitions; selling fake or substandard products is manifested in the objective aspect of the behavior in the product adulterated, or impurities, shoddy or substandard products for eligible products, the amount of sales of 5 million yuan behavior. 3, from the product, commodity nature of the point of outlook, the crime of guilty sale of fake and shoddy products and inferior products are the object of their products are substandard. Sale of counterfeit trademark goods targeted crime of counterfeiting a enrolled trademark goods, it may be counterfeit, it may be eligible. Controversial sale of counterfeit trademark goods sold because the crime of counterfeiting registered trademarks of the goods a crime, those who have some degree of Pok and in some debate aboard the publish has approached a unity, merely there are still some problems of theory has not yet commenced, and these problems a reasonable solution apt aid the judicial train correctly identified and penalized the sale of counterfeit trademark goods crime. To do this, elect the following 2 answers to consult.

sale of counterfeit trademark goods narrated crimes cases

First, the sales practices of this crime in the implementation of identified operations of this crime is to sell. The so-called sales, refers to counterfeit trademark goods paid migrate of ownership to others. Transfer and transfer of ownership of the goods paid the nature and characteristics of sales. As greeting the form, whether wholesale or retail, sales or interior sales market, is to charge money or in variety, etc., shall not affect the establishment of this crime. In practice, we should disburse consideration to the following question to grab Ji: 1. Take allocation of counterfeit goods sales in the registered trademark of whether the conduct sales practices? In this regard, there are those who deem that such acts Pok does not belong to the sale of counterfeit trademark goods act. This variety of view is questionable. This situation with advertising in order to expand the visibility of goods without any conditions giving qualitatively assorted behavior. Although the final goal which is to enable goods to be sold, but presented to the consumer goods do not necessitate consumers to pay any, so the behavior is the real award, not to say the problem of selling normal. While the former is actually an attempt to consumers: whether consumers ambition to obtain donated goods, the jobber must buy the specified goods. Therefore, presented to the consumer?s behavior is the peddler of goods sold as a means or strategy, in core, is tying behavior, the sales practices of its integral chapter. 2. Use of counterfeit trademark goods to pay the debt of whether the conduct sales practices? Answer this question relates to whether the sales practices to restrict the range of the present process of commodity circulation problems. According to the general understanding of marketing behavior usually occurs in the process of commodity rotation. But this can merely be a restricted understanding. If the spacious sense, because sales practices, in essence, the transfer of ownership of the goods has paid the characteristics, which, as the case of Goods to pay the debt that can be swept in the sales districts. Article 214 of the Penal Code only provides for actions of this crime as a circulation in the sale of counterfeit trademark goods does not act in essentially alter, will the crime of Otherwise, the only crime in the presence of sales practices limit the range of the process of commodity circulation, is undoubtedly the use of counterfeit trademark goods to pay the debt of the behavior of indulgence. This is obviously not conducive to a comprehensive, full activity to the provisions of Article 214 of the Penal Code registered trademark of the conservation of others. Therefore, we should be using counterfeit trademark goods to pay the debt of the act a crime in the sales-oriented behavior. 3. Sales Zhushou and complete identification of sales practices for this crime in the Zhushou, however in theory there is not discussion, but that does not mean there is no problem. In theory, the implementation of sales practices there must be a precondition that there must be buyers and sellers. If a customer does not yet exist, then the peddler before the appearance of the buyers in order to achieve the purpose of selling goods to implement any of the activities can only be sold arrangements. Consequently, only sellers to find buyers while, in order to nail their sales practices have started. Specifically, sellers and buyers to achieve the desired purchase and sale of goods. Although if the seller made to an individual or unit sales of direction, but the other did not adopt, then, since the buyer does not exist objectively, and therefore can not continue with the implementation of sales practices. Therefore, not only the subsistence of the practice of registration for the sale of counterfeit goods and to preoccupy buyers to implement the act is a crime of preparatory acts, that is, to those who sell counterfeit trademark goods and the implementation of counterfeit trademark goods purchase behavior storage fake registration trademarks of commodities, mostly a crime of preparatory acts. Of way, for the latter case, and should not be any sale of land identified as preparatory acts. If the seller prior to the presentation of these acts have base buyers and their purchase and sale approval was reached, they should identify the seller has begun to appliance a sales practice act. For this crime problem in the completion of sales practices, dominating theory that the sales practices of the players have done is a registered trademark of the counterfeit goods sold, and the tangible amount of sales received a mandate to reach a larger amplitude. Sales practices in the identification of this crime is complete, you should likewise pay care to the retinue questions: First, the behavior of human who received the deposit and the purchase of counterfeit trademark goods have been delivered to the buyers, but buyers are at present paid the purchase cost, whether identify sales practices has been completed? Although delivered counterfeit trademark goods, but buyers pay the purchase price has not been the case, who have more restrain sales practices that are unfinished form, identified as the sale of this behavior is not complete irregularities. Because, though the perpetrator has not received full disbursement, but the counterfeit trademark goods have been delivered to the buyer the fact that it means the act of legal interests have resulted in actual violations, while the focus on the punishment of this crime is concerned, is not questing illegal behavior on the subjective intent of the economic benefits, and thus the on should be identified as the achievement of sales practices. Second, buyers and sellers purchase and sale agreement has been reached but even now paid for delivery, the aptitude to identify the seller has completed the sale of behavior? The respond should be yes. Because, from the sale of an point of view, since the goods have buyers, but also received a payout, then the intention of sale has been achieved; from buying one, notwithstanding the case of counterfeit trademark goods ownership are often not transferred to the buyer, but behind the buyer yet has the right to extract the seizure of goods; behalf from the statute point of view the extent of break, in the case of sales of the main activities have been completed, its legal interests have resulted in actual real abuse, and has completed the delivery of goods, receive payment for the sale of two aspects of the typical behavior of the legal amuse to complete the break is not essentially different. Thus the case identified as the completion of sales behavior is applicable. Second, whether the crime problem Attempted Attempted on this crime, who are more Pok no special discussion, but on the perpetrator has been delivered of counterfeit trademark goods to obtain payment of the situation but the issue of how to deal with some analysis. For this problem, Pok attitude makers are not loyal. Pok who have attempted that could constitute a crime, although there are sales Pok believe that attempted, but often fall short of the social harm of crime and there is often incapable to determine the amount of sales of the problem can not be criminalized, even Pok believe that this behavior can not be thought even sales, because the perpetrator only the delivery of counterfeit trademark goods without recovery of the purchase price, the buyer can, through certain legal programs and modalities for non-payment of the purchase price, which can preclude the behavior of paid sex. Denied that the case of counterfeit trademark goods delivery behavior of the view that paid no cause, because to determine whether the conduct is paid to deliver the sales practices in the delivery of desired results before the two sides, even now the recipient upon delivery to work back, also disadvantageous to the sales practices of the establishment. Unless the delivery side also changed the incipient intent of the admitted sale of counterfeit trademark goods will be donated to every other. As for the view that the case is not a crime point of view, the establishment of the range from tight to keep the crime of criminal statute Modesty point of view, with quite reasonable elements, but the issue of China?s Criminal Law criminal attempt to use the prototype shows that the general provisions of Sales of counterfeit trademark goods attempted acts of criminal prosecution is not illegal, and even below customary circumstances the degree of danger to society attempted act constitutes a crime of reach, but not all cases of attempted acts are not harmful, circumstances are premonitory inferior cases, some attempted acts as planned sale of counterfeit trademark goods a colossal amount, etc., and make it beyond the class of peril to society in general achieved, if not as a criminal punishment, not only detrimental to the criminal decree of fairness and judge, it is laborious to fully protect the legal interests and to mainly prevent crime. Therefore, on the entire, denies the attempted sale of behavior can constitute a crime point of view has a definite lack of Hom. Should be recognized that the behavior of the attempted sale could constitute a crime, but should residence the sale of counterfeit trademark goods are misdemeanor crimes, attempted sale of harmful levels of more than a inferior objective facts in the judicial practice, should venture to set up a crime tightening sales range. Open category: legal, business, trademarks, crime

Source: http://csyoung.com/sale-of-fake-trademark-merchandise-sin/

fx gavin degraw gavin degraw warren jeffs james james hot air